Text
1. All appeals filed by the plaintiffs are dismissed.
2. The costs of appeal, including the part arising from the supplementary participation, are assessed against the Plaintiffs.
Reasons
1. The reasoning of the judgment of the court of first instance concerning this case is as follows, since the contents alleged by the plaintiffs in the court of first instance are not significantly different from those alleged by the plaintiffs in the court of first instance, it is identical to the reasoning of the judgment of the court of first instance except for the following additional determination as to the matters alleged by the plaintiffs in the trial or omitted judgment by the court of first instance. Thus, it is acceptable as it is in accordance with Article 8(2) of the Administrative Litigation Act and the main sentence
【Supplementary Decision】
A. In addition to the gist of the plaintiffs' assertion, non-park facilities stipulated in Article 21-2 (1) of the Act on Parks and Greenbelts are urban planning facilities, and permission for development activities is not required pursuant to the proviso of Article 56 (1) of the National Land Planning and Utilization Act, so there is no obligation to submit
The Defendant requested the Plaintiff Company to submit the instant data on the basis of the Seoul Special Metropolitan City Guidelines on Special Cases Concerning Development Activities in Urban Parks, which is not a statute or municipal ordinance, but a guideline, which is not a law or municipal ordinance, was enacted without legitimate delegation of relevant statutes, and the Defendant’s request for
B. Determination 1 Plaintiffs’ above assertion is that the instant non-park facilities are urban planning facilities, and thus, the instant project requires no permission for development activities pursuant to the proviso to Article 56(1) of the National Land Planning and Utilization Act.
However, the purport of Article 21-2 of the Act on Parks and Greenbelts that allows non-park facilities to be built on a site determined by a park building plan is to guarantee property rights from excessive restrictions on property rights due to the decision of a park building plan and to promote the construction of urban parks through inducement of private capital, and to allow development activities without any restrictions pursuant to relevant laws and regulations.